Opinion
No. 05-05-00924-CV
Opinion Filed March 6, 2006.
On Appeal from the 380th Judicial District Court, Collin County, Texas, Trial Court Cause No. 380-1371-05.
Reverse and Render.
Before Justices WRIGHT, O'NEILL, and FRANCIS.
MEMORANDUM OPINION
Appellant the Collin County Criminal District Attorney's Office appeals an order granting appellee Martha Winger-Bearskin's petition for expunction. Appellee was arrested for misdemeanor assault involving family violence. Appellant subsequently refused the case and no charges were filed. Before limitations had run on the case, appellee filed a petition for expunction. At the hearing, appellee acknowledged that this Court's opinion in Bhat v. State, 127 S.W.3d 435, 436 (Tex.App.-Dallas 2004) would not support expunction, but asserted that case was wrongly decided. She thus urged the trial court not to follow Bhat. The trial court agreed and granted the petition for expunction. This appeal followed.
In its second issue, appellant asserts the trial court erred in granting the petition for expunction because, at the time the petition was filed, limitations had not expired. In Bhat, this Court concluded that where, as here, there has been no presentment of an indictment or information, a petitioner can obtain expunction only after limitations has run. See Bhat v. State, 127 S.W.3d 435, 436 (Tex.App.-Dallas 2004, no pet.). We reaffirmed this holding in Collin County Criminal District Attorney's Office v. Dobson, 167 S.W.3d 625, 627 (Tex.App.-Dallas 2005, no pet.). We decline to overrule Bhat and Dobson. Because there was no presentment of an indictment or information in this case and limitations had not run, appellee is not entitled to expunction. We reverse the trial court's judgment and render judgment denying appellee's petition.